J.A.W. v. EVANSVILLE VANDERBURGH SCHOOL CORPORATION
Plaintiff: J.A.W.
Defendant: EVANSVILLE VANDERBURGH SCHOOL CORPORATION
Case Number: 3:2018cv00037
Filed: February 22, 2018
Court: US District Court for the Southern District of Indiana
Office: Evansville Office
Presiding Judge: Matthew P Brookman
Referring Judge: Tanya Walton Pratt
2 Judge: Richard L Young
Nature of Suit: Civil Rights: Education
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on March 31, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 31, 2021 Exhibits disposed per agreement of the parties. (TRG)
December 6, 2019 Opinion or Order Filing 127 ORDER OF DISMISSAL - The Court being duly advised in the premises, it is ORDERED that this action be, and the same hereby is, dismissed with prejudice, with each party to bear its own costs. Signed by Judge Tanya Walton Pratt on 12/6/2019.(JRB)
December 5, 2019 Filing 126 STIPULATION of Dismissal , as to Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION, Plaintiff J.A.W., filed by EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Attachments: #1 Text of Proposed Order Order on Stipulation of Dismissal)(Shoulders, Patrick)
November 7, 2019 Opinion or Order Filing 125 ORDER DIRECTING FILING OF A PLEADING AUTHORIZING DISMISSALThe Court has been advised by counsel that a settlement has been reached in this action, contingent upon final approval by the EVSC School Board, and the execution of documents and/or delivery of funds, if so required, in accordance with the agreement. Therefore, all pending motions, if any, are now DENIED AS MOOT and all previously ordered dates relating to discovery, filings, schedules, conferences and trial, if any, are VACATED.IT IS ORDERED that within thirty (30) days of this date, counsel for the plaintiff shall file a motion to dismiss this cause or a stipulation of dismissal and submit an order for the Court's signature ordering the dismissal of this action. Signed by Magistrate Judge Matthew P. Brookman on 11/7/2019.(JRB)
November 1, 2019 Opinion or Order Filing 123 MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Settlement Conference held on 11/1/2019. The parties were present and represented by counsel. The parties conducted settlement negotiations, and those negotiations are ongoing. Status Conference set for 11/8/2019 at 01:30 PM (Central Time) in Telephonic before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
September 10, 2019 Opinion or Order Filing 122 MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 9/9/2019. Parties were represented by counsel. No further orders are entered at this time. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
September 3, 2019 Filing 120 Witness List Final, filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION, Exhibit List Final, filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Boren, Laura)
August 30, 2019 Opinion or Order Filing 119 ORDER granting in part and denying in part #116 Motion to Modify Case Management Plan. EVSC shall file the proposed, final witness and exhibit list at Docket 116-1 within three business days of this entry. Signed by Magistrate Judge Matthew P. Brookman on 8/30/2019. (TMB)
August 21, 2019 Filing 118 REPLY in Support of Motion re #116 MOTION to Modify Case Management Plan [DKT. 27] , filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Boren, Laura)
August 14, 2019 Filing 117 RESPONSE in Opposition re #116 MOTION to Modify Case Management Plan [DKT. 27] , filed by Plaintiff J.A.W.. (Rose, Gavin)
August 12, 2019 Filing 116 MOTION to Modify Case Management Plan [DKT. 27], filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Attachments: #1 Exhibit Final Witness and Exhibit List, #2 Text of Proposed Order Order on Defendant's Motion to Modify Case Management Plan)(Boren, Laura)
August 6, 2019 Opinion or Order Filing 115 MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Discovery Conference held on 8/5/2019. Parties were represented by counsel. No further orders are entered at this time. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
August 1, 2019 Opinion or Order Filing 113 SCHEDULING ORDER: Telephonic Discovery Conference set for 8/5/2019 at 01:00 PM (Central Time) before Magistrate Judge Matthew P. Brookman. The information needed by counsel to participate in this telephonic conference will be provided by a separate notification. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 8/1/2019.(JRB)
July 8, 2019 Filing 112 TRIAL PROCEDURES AND PRACTICES before Judge Tanya Walton Pratt. (JRB)
July 8, 2019 Opinion or Order Filing 111 SCHEDULING ORDER: Final Pretrial Conference set for 1/8/2020 04:00 PM in room #330, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Tanya Walton Pratt. Jury Trial set for 1/28/2020 09:00 AM in room #301, United States Courthouse, 101 Northwest MLK Boulevard, Evansville, Indiana before Judge Tanya Walton Pratt. Counsel shall review the Court's Courtroom Procedures and Trial Practice. Signed by Judge Tanya Walton Pratt on 7/8/2019.(JRB)
July 5, 2019 Filing 110 Witness List -FINAL-, filed by Plaintiff J.A.W., Exhibit List -FINAL-, filed by Plaintiff J.A.W.. (Falk, Kenneth)
July 1, 2019 Opinion or Order Filing 109 ORDER REASSIGNING CASE - Pursuant to 28 U.S.C. Section 137 and Local Rule 40-1(f), this matter has been reassigned from Judge William T. Lawrence to newly assigned Judge Tanya Walton Pratt. Please included the new case number, 3:18-cv-00037-TWP-MPB on all future filings in this matter. Signed by Judge Jane Magnus-Stinson on 7/1/2019. (RSF)
June 20, 2019 Opinion or Order Filing 108 ORDER granting #107 Motion for Continuance of Settlement Conference - Settlement Conference set for October 9, 2019 is hereby VACATED and RESCHEDULED to NOVEMBER 1, 2019 at 9:30 a.m. (CST),. in room #328, United States Courthouse, 101 Northwest MLK Boulevard, Evansville, Indiana before Magistrate Judge Matthew P. Brookman. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 6/20/2019.(JRB)
June 19, 2019 Filing 107 Unopposed MOTION for Continuance of Settlement Conference to November 1, 2019, filed by Plaintiff J.A.W.. (Attachments: #1 Text of Proposed Order)(Pactor, Stevie)
June 19, 2019 Opinion or Order Filing 106 MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 6/17/2019. The parties inform the Court they believe a three day jury trial setting in October 2019 is no longer appropriate, but would request a two day trial setting in January 2020. Any setting would be subject to the results of the October 2019 Settlement Conference, set herein. Settlement Conference set for 10/9/2019 at 01:00 PM (Central Time) in room #328, United States Courthouse, 101 Northwest MLK Boulevard, Evansville, Indiana before Magistrate Judge Matthew P. Brookman. Status Conference set for 9/9/2019 at 10:30 AM (Central Time) in Telephonic before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
June 11, 2019 Opinion or Order Filing 104 SCHEDULING ORDER: Telephonic Status Conference set for 6/17/2019 at 01:30 PM (Central Time) before Magistrate Judge Matthew P. Brookman. The information needed to participate in this telephonic conference will be provided by a separate notification.. Signed by Magistrate Judge Matthew P. Brookman on 6/11/2019.(JRB)
June 7, 2019 Filing 103 ENTRY ON PENDING MOTIONS - This cause is before the Court on the Defendant's second motion to dismiss (Dkt. No. #83 ); the Plaintiff's motion for partial summary judgment (Dkt. No. #87 ); and the Defendant's cross motion for summary judgment (Dkt. No. #95 ). The motions are fully briefed. The Court GRANTS the Plaintiff's motion for partial summary judgment (Dkt. No. #87 ) and DENIES the Defendant's cross-motion for summary judgment (Dkt. No. #95 ). The Plaintiff's motion to file a surreply (Dkt. No. #92 ) is DENIED AS MOOT. Finally, the Defendant's Second Motion to Dismiss (Dkt. No. #83 ) is DENIED. Within 14 days of the date of this Entry, the parties shall file a joint notice informing the Court whether they still believe that a three-day jury trial in October 2019 is appropriate. (See Entry.) Signed by Judge William T. Lawrence on 6/7/2019. (RSF)
May 21, 2019 Filing 102 AFFIDAVIT in Support of Motion re #83 MOTION to Dismiss , filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Shoulders, Patrick)
April 16, 2019 Opinion or Order Filing 101 ORDER granting #100 Motion for Extension of Time to Serve Final Witness and Exhibit Lists 30 days after the Court's last ruling on the pending motion to dismiss and dispositive motions. Signed by Magistrate Judge Matthew P. Brookman on 4/16/2019. (JRB)
April 15, 2019 Filing 100 Joint MOTION for Extension of Time to 30 days after the Court's last ruling on the pending motion to dismiss and summary judgment requests to serve final witness and exhibit lists, filed by Plaintiff J.A.W.. (Attachments: #1 Text of Proposed Order)(Falk, Kenneth)
March 14, 2019 Filing 99 REPLY in Support of Motion re #95 Cross MOTION for Summary Judgment , filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Shoulders, Patrick)
February 28, 2019 Opinion or Order Filing 98 ORDER granting #86 Motion to Withdraw Attorney Appearance. Attorney Jan P. Mensz withdrawn. Signed by Magistrate Judge Matthew P. Brookman on 2/28/2019. (JRB)
February 28, 2019 Filing 97 BRIEF/MEMORANDUM in Support of Response in Opposition to Motion re #95 Cross MOTION for Summary Judgment , #87 MOTION for Partial Summary Judgment Reply in Support, filed by Plaintiff J.A.W.. (Pactor, Stevie)
February 21, 2019 Filing 96 RESPONSE in Opposition re #87 MOTION for Partial Summary Judgment and in Support of Defendant's Cross-Motion for Summary Judgment #95 , filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Boren, Laura)
February 21, 2019 Filing 95 Cross MOTION for Summary Judgment , filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Boren, Laura)
February 7, 2019 Filing 94 NOTICE of Appearance by Stevie Pactor on behalf of Plaintiff J.A.W.. (Pactor, Stevie)
February 4, 2019 Filing 93 RESPONSE in Opposition re #92 MOTION to File Surreply to Defendant's Reply Brief in Support of Second Motion to Dismiss , filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Shoulders, Patrick)
February 1, 2019 Filing 92 MOTION to File Surreply to Defendant's Reply Brief in Support of Second Motion to Dismiss, filed by Plaintiff J.A.W.. (Attachments: #1 Text of Proposed Order, #2 Proposed Memorandum of Law)(Falk, Kenneth)
January 29, 2019 Filing 91 BRIEF/MEMORANDUM in Support re #83 MOTION to Dismiss , filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Attachments: #1 Affidavit of David B. Smith)(Shoulders, Patrick)
January 14, 2019 Opinion or Order Filing 90 MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 1/11/2019. The remaining briefing schedule for Defendant's Motion to Dismiss (Docket No. #83 ) shall be as follows: Plaintiff's Response shall be filed by January 25, 2019. Defendant's Reply shall be filed by February 1, 2019. The summary judgment briefing schedule shall be as follows: Plaintiff's Motion shall be filed by January 22, 2019. Defendant's Motion, if any, and/or Response to Plaintiff's Motion shall be filed by February 21, 2019. Plaintiff's Response to Defendant's Motion, if needed, and/or Reply shall be filed by March 7, 2019. Defendant's Reply, if needed, shall be filed by March 14, 2019. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
January 14, 2019 Filing 89 RESPONSE in Opposition re #83 MOTION to Dismiss , filed by Plaintiff J.A.W.. (Falk, Kenneth)
January 14, 2019 Filing 88 BRIEF/MEMORANDUM in Support re #87 MOTION for Partial Summary Judgment , filed by Plaintiff J.A.W.. (Falk, Kenneth)
January 14, 2019 Filing 87 MOTION for Partial Summary Judgment , filed by Plaintiff J.A.W.. (Attachments: #1 Exhibit JAW-2nd Supp. Declaration)(Falk, Kenneth)
January 11, 2019 Filing 86 MOTION to Withdraw Attorney Appearance , filed by Plaintiff J.A.W.. (Attachments: #1 Text of Proposed Order)(Mensz, Jan)
December 31, 2018 Filing 84 BRIEF/MEMORANDUM in Support re #83 MOTION to Dismiss , filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Vonderahe, Keith)
December 31, 2018 Filing 83 MOTION to Dismiss , filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Vonderahe, Keith)
December 28, 2018 Filing 82 Statement of Claims by J.A.W.. (Falk, Kenneth)
December 19, 2018 Opinion or Order Filing 81 SCHEDULING ORDER: TELEPHONIC STATUS CONFERENCE on JANUARY 11, 2019 at 8:30 a.m. (CST) Evansville time, before Magistrate Judge Matthew P. Brookman. The information needed to participate in this telephone conference will be provided by a separate notification. Signed by Magistrate Judge Matthew P. Brookman on 12/19/2018.(JRB)
September 13, 2018 Filing 80 MANDATE of USCA as to #70 Notice of Appeal filed by EVANSVILLE VANDERBURGH SCHOOL CORPORATION (USCA #18-2696) - IT IS ORDERED that this case is DISMISSED, pursuant to Federal Rule of Appellate Procedure 42(b). (MAT)
August 13, 2018 Filing 79 SEVENTH CIRCUIT TRANSCRIPT INFORMATION SHEET by EVANSVILLE VANDERBURGH SCHOOL CORPORATION for proceedings held on July 20, 2018 before Judge William T. Lawrence, re #70 Notice of Appeal (Shoulders, Patrick)
August 10, 2018 Opinion or Order Filing 78 ORDER denying #69 Motion to Stay - SEE ORDER. Signed by Judge William T. Lawrence on 8/10/2018. (JRB)
August 10, 2018 Filing 77 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Jan P. Mensz hereby notifies the Clerk of the court of changed contact information. (Mensz, Jan)
August 9, 2018 Filing 76 RESPONSE in Opposition re #69 MOTION to Stay , filed by Plaintiff J.A.W.. (Falk, Kenneth)
August 8, 2018 Filing 75 USCA Case Number 18-2696 for #70 Notice of Appeal filed by EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (MAT)
August 8, 2018 Filing 74 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Kenneth J. Falk hereby notifies the Clerk of the court of changed contact information. (Falk, Kenneth)
August 8, 2018 Filing 73 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Gavin Minor Rose hereby notifies the Clerk of the court of changed contact information. (Rose, Gavin)
August 8, 2018 Filing 72 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #70 Notice of Appeal. - for Court of Appeals Use Only. (LBT)
August 8, 2018 Filing 71 PARTIES' SHORT RECORD re #70 Notice of Appeal - Instructions for Attorneys/Parties attached. (LBT)
August 7, 2018 Filing 70 NOTICE OF APPEAL as to #68 Order on Motion for Preliminary Injunction, filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Filing fee $505, receipt number 0756-5005412) (Shoulders, Patrick)
August 6, 2018 Filing 69 MOTION to Stay , filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Attachments: #1 Text of Proposed Order)(Shoulders, Patrick)
August 3, 2018 Opinion or Order Filing 68 ORDER granting #19 Motion for Preliminary Injunction - EVSC shall permit J.A.W. to use the boys' restrooms within the schools and other buildings of EVSC. No bond will be required. SEE ORDER. Signed by Judge William T. Lawrence on 8/3/2018. (JRB)
August 2, 2018 Filing 67 NOTICE of Updated Authority, filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION, re #41 Response in Opposition to Motion, #65 Proposed Findings of Fact. (Attachments: #1 Supplement Supplemental - Revised Opinion, #2 Supplement Supplemental - Dissenting Opinion from Denial) (Shoulders, Patrick)
July 31, 2018 Filing 66 NOTICE of Appearance by Laura Katherine Boren on behalf of Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Boren, Laura)
July 27, 2018 Filing 65 Proposed Findings of Fact by EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Shoulders, Patrick)
July 27, 2018 Opinion or Order Filing 64 ORDER granting #52 Motion to Maintain Document #51 Under Seal. Signed by Magistrate Judge Matthew P. Brookman on 7/27/2018. (JRB)
July 27, 2018 Filing 63 Findings of Fact & Conclusions of Law (proposed) and Preliminary Injunction by J.A.W.. (Falk, Kenneth)
July 25, 2018 Filing 62 NOTICE of FILING of OFFICIAL TRANSCRIPT of Preliminary Injunction Hearing held before Judge William T. Lawrence on July 20, 2018 (Techert, Maggie)
July 25, 2018 Filing 61 TRANSCRIPT of Preliminary Injunction Hearing held on July 20, 2018 before Judge William T. Lawrence. (69 pages.) Court Reporter/Transcriber: Maggie Techert (Telephone: (812) 205-0682). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 8/15/2018. Release of Transcript Restriction set for 10/23/2018. (Techert, Maggie) Released on 10/23/2018 (SWM).
July 25, 2018 Remark Review of #61 TRANSCRIPT Completed. No items identified to redact. (JRB)
July 23, 2018 Filing 60 Minute Entry for proceedings held before Judge William T. Lawrence: Evidentiary Hearing held on 7/20/2018. Plaintiff appears in person and with counsel, defendant appears by its representative and with counsel, and the hearing begins. Pursuant to the motion of plaintiff, a separation of witnesses is ordered. Plaintiff presents documentary evidence. Plaintiff rests. Defendant presents the testimony of J.A.W. and Dr. David Smith and documentary evidence. Defendant rests. Court requests proposed Findings of Fact and Conclusions of Law be filed by July 27, 2018. Court is adjourned. (Court Reporter Maggie Techert.) (CMC)
July 19, 2018 Filing 59 Surreply in Opposition to #19 MOTION for Preliminary Injunction , filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (JRB)
July 19, 2018 Filing 58 Response to #49 Defendant's Objections to Plaintiff's Exhibits to be Presentedat the Preliminary Injunction Hearing, filed by Plaintiff J.A.W.. (JRB)
July 19, 2018 Opinion or Order Filing 57 ENTRY FOR JULY 19, 2018 - First, the Defendant's motion to file a surreply in opposition to the motion for preliminary injunction #56 is GRANTED. The Clerk is directed to file the Defendant's surreply, which is found at Dkt. No. 56-1.Second, the Plaintiff's motion for leave to file a response to the Defendant's objections to his exhibits ( #55 is GRANTED. The Clerk is directed to file the Plaintiff's response, which is found at Dkt. No. 55-1. SEE ORDER. Signed by Judge William T. Lawrence on 7/19/2018. (JRB)
July 18, 2018 Filing 56 MOTION for Leave to File Sur-Reply in Opposition to Plaintiff's Motion for Preliminary Injunction, filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Attachments: #1 Text of Proposed Sur-Reply, #2 Text of Proposed Order)(Shoulders, Patrick)
July 18, 2018 Filing 55 MOTION for Leave to File Response to Deft.'s Objections to Pltf.'s Exhibits to be Presented at the Prelim. Inj. Hrg., filed by Plaintiff J.A.W.. (Attachments: #1 Exhibit (Response to Deft.'s Objections to Pltf.'s Exhibits to be Presented at the Prelim. Inj. Hrg.), #2 Text of Proposed Order)(Rose, Gavin)
July 16, 2018 Filing 54 REPLY in Support of Motion re #19 MOTION for Preliminary Injunction , filed by Plaintiff J.A.W.. (Attachments: #1 Appendix A- bathroom policies in other, non-Indiana, jurisdictions, #2 Appendix B-discrimination policies in other Indiana school districts)(Falk, Kenneth)
July 16, 2018 Filing 53 BRIEF/MEMORANDUM in Support re #52 MOTION to Maintain Document Under Seal #51 SEALED Document (Case Participants - doc) , filed by Plaintiff J.A.W.. (Rose, Gavin)
July 16, 2018 Filing 52 MOTION to Maintain Document Under Seal #51 SEALED Document (Case Participants - doc) , filed by Plaintiff J.A.W.. (Attachments: #1 Text of Proposed Order)(Rose, Gavin)
July 16, 2018 Filing 51 SEALED (Notice of Filing Exhibits Under Seal), filed by Plaintiff J.A.W.. (Attachments: #1 Exhibit 1 (Exh. 3 to Pltf's Dep. - Counseling Records), #2 Exhibit 2 (Exh. 4 to Pltf's Dep. - Counseling Record), #3 Exhibit 3 (Exh. 5 to Pltf's Dep. - Medical Records), #4 Exhibit 4 (Exh. 6 to Pltf's Dep. & Dep. of David Smith - Photograph of Pltf.))(Rose, Gavin)
July 16, 2018 Filing 50 Submission of Supplemental Evidence in Support of #19 Motion for Preliminary Injunction, filed by Plaintiff J.A.W.. (Attachments: #1 Exhibit Deposition of JAW with selected exhibits, #2 Exhibit Deposition of Sup't David Smith with selected exhibits, #3 Exhibit Supplemental declaration of JAW, #4 Exhibit Declaration of Tammy Work, #5 Exhibit Declaration of Dr. Randi Ettner, #6 Exhibit Declaration of Dr. James Fortenberry, #7 Exhibit Declaration of Dr. Janine Fogel, #8 Exhibit Declaration of Dr. Judy Chiasson, #9 Exhibit Declaration of Zachary Mulholland, #10 Exhibit Declaration of Aleczander Deam)(Falk, Kenneth) Modified on 7/17/2018 (JRB).
July 13, 2018 Filing 49 OBJECTION to Plaintiff's Exhibit List for Preliminary Injunction Hearing by EVANSVILLE VANDERBURGH SCHOOL CORPORATION. Related document: #44 Witness ListExhibit List filed by J.A.W..(Shoulders, Patrick)
July 13, 2018 Filing 48 OBJECTION to Defendant's Witnesses and Exhibits for Prelim. Inj. Hearing by J.A.W.. Related document: #45 Witness ListExhibit List filed by EVANSVILLE VANDERBURGH SCHOOL CORPORATION.(Rose, Gavin)
July 13, 2018 Filing 47 STIPULATION to Authenticity of Documents, filed by Plaintiff J.A.W.. (Falk, Kenneth)
July 12, 2018 Opinion or Order Filing 46 MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 7/12/2018. Parties were represented by counsel. No further orders are entered at this time. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
July 6, 2018 Filing 45 Witness List for Preliminary Injunction Hearing, filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION, Exhibit List for Preliminary Injunction Hearing, filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Shoulders, Patrick)
July 6, 2018 Filing 44 Witness List (for Preliminary Injunction Hearing), filed by Plaintiff J.A.W., Exhibit List (for Preliminary Injunction Hearing), filed by Plaintiff J.A.W.. (Rose, Gavin)
July 6, 2018 Filing 43 Witness List and Exhibit List, filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Shoulders, Patrick)
July 3, 2018 Filing 42 Appendix of Exhibits in Support of Response in Opposition to Motion re #19 MOTION for Preliminary Injunction and Request to Take Judicial Notice, filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Attachments: #1 Exhibit A -Change in Birth Certificate, #2 Exhibit B - 140 IAC - IN Driver's License, #3 Exhibit C - Gender Designation Change on Passport, #4 Exhibit D - Social Security, #5 Exhibit E - Medicare-Nat'l Center for Transgender Equality, #6 Exhibit F - IHSAA Ex Comm Meeting Minutes, #7 Exhibit G - USCIS Documents, #8 Exhibit H - Transgender Offender Manual-Change Notice, #9 Exhibit I - Dod Instruction, #10 Exhibit J - When Children Say They're Trans)(Shoulders, Patrick)
July 3, 2018 Filing 41 RESPONSE in Opposition re #19 MOTION for Preliminary Injunction , filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Attachments: #1 Exhibit 1 - Deposition pages of J.A.W.)(Shoulders, Patrick)
June 29, 2018 Opinion or Order Filing 39 ORDER granting in part #37 Motion for Extension of Time to File Response to #19 MOTION for Preliminary Injunction to 7/3/18. Signed by Judge William T. Lawrence on 6/29/2018. (JRB)
June 29, 2018 Filing 38 Witness List -Preliminary-, filed by Plaintiff J.A.W., Exhibit List -Preliminary-, filed by Plaintiff J.A.W.. (Falk, Kenneth)
June 25, 2018 Filing 37 Unopposed MOTION for Extension of Time to File Response to July 6, 2018 re #19 MOTION for Preliminary Injunction , filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Attachments: #1 Text of Proposed Order)(Shoulders, Patrick)
June 22, 2018 Filing 36 NOTICE of Service of Initial Disclosures , filed by Plaintiff J.A.W.. (Falk, Kenneth)
June 22, 2018 Opinion or Order Filing 35 SCHEDULING ORDER - TELEPHONIC STATUS CONFERENCE set for July 9, 2018, is hereby RESCHEDULED for JULY 12, 2018 at 11:00 a.m., Evansville time (CST), before the Honorable Matthew P. Brookman, United States Magistrate Judge. The information needed by counsel to participate in this telephonic conference will be provided by a separate notification. Signed by Magistrate Judge Matthew P. Brookman on 6/22/2018.(JRB)
June 13, 2018 Filing 34 ANSWER to #1 Complaint /Demand for Jury Trial, filed by EVANSVILLE VANDERBURGH SCHOOL CORPORATION.(Shoulders, Patrick)
June 5, 2018 Opinion or Order Filing 33 ENTRY ON DEFENDANT'S MOTION TO DISMISS - This cause is before the Court on the Defendant's #12 motion to dismiss. The motion is fully briefed and the Court, being duly advised, DENIES the motion for the reasons set forth below. The Court also DENIES the Defendant's #31 motion for oral argument. The Court also DENIES the Defendant's motion to strike #25 , as it serves no purpose for statements to be "stricken" from declarations on the ground that they are inadmissible hearsay. A.W.'s interests in this case at this time. The Clerk is directed to modify the docket to indicate that J.A.W. is the Plaintiff in this case. Because it is unnecessary for J.A.W. to have a next friend in order to pursue this case, Wyatt Squires will no longer be acting as J.A.W.'s next friend. The parties shall modify the caption accordingly in future filings.This cause is set for a preliminary injunction hearing on Friday, July 20, 2018, at 8:30 a.m. in Room 301, 101 Northwest MLK Jr. Blvd., Evansville, Indiana 47708. The Court has set aside one day for the hearing. The parties shall file a list of exhibits they intend to offer and witnesses they intend to call at the hearing by no later than July 6, 2018. Any objections to theother party's exhibits or witnesses shall be filed by no later than July 13, 2018. SEE ORDER. Signed by Judge William T. Lawrence on 6/5/2018.(JRB)
June 1, 2018 Opinion or Order Filing 32 UNIFORM STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 6/1/2018.(JRB)
May 31, 2018 Filing 31 MOTION FOR ORAL ARGUMENT, filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Attachments: #1 Text of Proposed Order)(Shoulders, Patrick)
May 31, 2018 Filing 30 Joint MOTION for Protective Order , filed by Plaintiff J.A.W.. (Attachments: #1 Text of Proposed Order)(Mensz, Jan)
May 15, 2018 Filing 29 REPLY in Support of Motion re #25 MOTION to Strike #17 NOTICE of Filing Declarations of J.A.W. and Wyatt Squires , filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Shoulders, Patrick)
May 10, 2018 Filing 28 RESPONSE in Opposition re #25 MOTION to Strike #17 NOTICE of Filing Declarations of J.A.W. and Wyatt Squires , filed by Plaintiff J.A.W.. (Falk, Kenneth)
May 10, 2018 Opinion or Order Filing 27 ORDER: CASE MANAGEMENT PLAN APPROVED AS SUBMITTED - Dispositive Motions due by 1/22/2019. Discovery due by 12/24/2018. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 5/10/2018.(JRB)
May 9, 2018 Filing 26 CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff J.A.W. . (Falk, Kenneth)
May 1, 2018 Filing 25 MOTION to Strike #17 NOTICE of Filing Declarations of J.A.W. and Wyatt Squires, filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Attachments: #1 Text of Proposed Order)(Shoulders, Patrick)
May 1, 2018 Filing 24 REPLY in Support of Motion re #12 MOTION to Dismiss , filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Attachments: #1 Exhibit A - Newsletter)(Shoulders, Patrick)
April 17, 2018 Opinion or Order Filing 23 MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Initial Pretrial Conference held on 4/17/2018. Defendant's Reply to Plaintiff's Response to Motion to Dismiss (Docket No. #12 ) shall be filed by May 1, 2018.] The briefing schedule for Plaintiff's Motion for Preliminary Injunction (Docket No. #19 ) shall be as follows: Defendant's Response shall be filed by July 2, 2018. Plaintiff's Reply shall be filed by July 16, 2018. Status Conference set for 7/9/2018 at 10:00 AM (Central Time) in Telephonic before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
April 12, 2018 Opinion or Order Filing 21 SCHEDULING ORDER - TELEPHONIC INITIAL PRE-TRIAL CONFERENCE set for May 16, 2018, is hereby RESCHEDULED for APRIL 17, 2018 at 1:30 p.m., Evansville time (CST), before the Honorable Matthew P. Brookman, United States Magistrate Judge. The information needed by counsel to participate in this telephonic conference will be provided by a separate notification. Signed by Magistrate Judge Matthew P. Brookman on 4/12/2018.(JRB)
April 10, 2018 Filing 20 BRIEF/MEMORANDUM in Support re #19 MOTION for Preliminary Injunction , filed by Plaintiff J.A.W.. (Falk, Kenneth)
April 10, 2018 Filing 19 MOTION for Preliminary Injunction , filed by Plaintiff J.A.W.. (Attachments: #1 Text of Proposed Order)(Falk, Kenneth)
April 10, 2018 Filing 18 RESPONSE in Opposition re #12 MOTION to Dismiss , filed by Plaintiff J.A.W.. (Falk, Kenneth)
April 10, 2018 Filing 17 NOTICE of Filing of Evidentiary Material by J.A.W. (Attachments: #1 Exhibit Declaration of JAW, #2 Exhibit Declaration of Wyatt Squires) (Falk, Kenneth)
April 6, 2018 Opinion or Order Filing 16 ORDER - granting #15 Motion for Extension of Time to File Response to 4/10/2018 re #12 MOTION to Dismiss . Signed by Judge William T. Lawrence on 4/6/2018. (RSF)
March 29, 2018 Filing 15 MOTION for Extension of Time to File Response to April 10, 2018 re #12 MOTION to Dismiss (UNOPPOSED), filed by Plaintiff J.A.W.. (Attachments: #1 Text of Proposed Order)(Falk, Kenneth)
March 20, 2018 Opinion or Order Filing 14 ORDER SETTING INITIAL PRE-TRIAL CONFERENCE - Initial Telephonic Pretrial Conference set for 5/16/2018 at 09:00 AM (Central Time) before Magistrate Judge Matthew P. Brookman. The information needed to participate in this telephonic conference will be provided by a separate notification. No fewer than seven (7) days before the IPTC, counsel must file a Proposed CMP. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 3/20/2018.(JRB)
March 20, 2018 Filing 13 BRIEF/MEMORANDUM in Support re #12 MOTION to Dismiss , filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Shoulders, Patrick)
March 20, 2018 Filing 12 MOTION to Dismiss , filed by Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Attachments: #1 Text of Proposed Order)(Shoulders, Patrick)
March 20, 2018 Filing 11 NOTICE of Appearance by Jean Marie Blanton on behalf of Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Blanton, Jean)
March 14, 2018 Filing 10 NOTICE of Reassignment of Case to Judge William T. Lawrence. Judge Richard L. Young is no longer assigned to this case. Please include the new case number, 3:18-cv-37-WTL-MPB, on all future filings in this matter. (JRB)
March 14, 2018 Opinion or Order Filing 9 ORDER OF RECUSAL. Clerk is directed to randomly reassign case and notify parties of newly assigned Judge. Signed by Judge Richard L. Young on 3/14/2018. (TMD)
March 13, 2018 Filing 8 NOTICE of Appearance by Robert L. Burkart on behalf of Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Burkart, Robert)
March 13, 2018 Filing 7 NOTICE of Appearance by Patrick A. Shoulders on behalf of Defendant EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (Shoulders, Patrick)
February 22, 2018 Filing 6 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JRB)
February 22, 2018 Filing 5 Summons Issued as to EVANSVILLE VANDERBURGH SCHOOL CORPORATION. (JRB)
February 22, 2018 Filing 4 NOTICE of Appearance by Gavin Minor Rose on behalf of Plaintiff JAW. (Rose, Gavin)
February 22, 2018 Filing 3 NOTICE of Appearance by Jan P. Mensz on behalf of Plaintiff JAW. (Mensz, Jan)
February 22, 2018 Filing 2 NOTICE of Appearance by Kenneth J. Falk on behalf of Plaintiff JAW. (Falk, Kenneth)
February 22, 2018 Filing 1 COMPLAINT for Declaratory and Injunctive Relief and Damages against EVANSVILLE VANDERBURGH SCHOOL CORPORATION, filed by JAW. (Filing fee $400, receipt number 0756-4764675) (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Falk, Kenneth)

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Plaintiff: J.A.W.
Represented By: Gavin Minor Rose
Represented By: Jan P. Mensz
Represented By: Kenneth J. Falk
Represented By: Stevie Pactor
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Defendant: EVANSVILLE VANDERBURGH SCHOOL CORPORATION
Represented By: Patrick A. Shoulders
Represented By: Robert L. Burkart
Represented By: Laura Katherine Boren
Represented By: Jean Marie Blanton
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